Tag: Uniform Commercial Code

  • Court Filings Show Self-Identified Church Sent $10,000 To Zeek Rewards 9 Days Before Collapse; 2 Other Checks From An Individual Were Marked ‘Blessing’

    This exhibit in the Zeek rewards Ponzi- and pyramid case shows that an an "E.C. Church" sent $10,000 to Zeek just days before in collapse in August 2012. (Masking by PP Blog.)
    This exhibit in the Zeek Rewards Ponzi- and pyramid case shows that an “E.C. Church” sent $10,000 to Zeek just days before the “program” collapsed in August 2012. (Masking by PP Blog.)

    UPDATED 8:42 P.M. ET U.S.A. Members of the faith community joining MLM HYIP schemes is a problem. It happened with the $119 million AdSurfDaily Ponzi scheme and the $72 million Legisi scam in 2008, for example.

    It’s happening currently with the “Achieve Community” scheme. Earlier, members of TelexFree  — an alleged $1.8 billion pyramid scheme — traded on the words and images of faith, including the Christ the Redeemer statue in Brazil.

    The WCM777 and Profitable Sunrise schemes also traded on images of the statue. Promoters of the schemes targeted people of faith. Those schemes likely generated more than $100 million.

    There’s also evidence that people of faith were targeted in the $897 million Zeek Rewards scheme brought down by the SEC in 2012.

    New filings by the court-appointed receiver in the Zeek case show that an entity that identified itself as an “E.C.” (Evangelical Congregational) church sent $10,000 to Zeek operator Rex Venture Group LLC on Aug. 8, 2012. The payment was in the form of a cashier’s check.

    The PP Blog is declining to identify the church because details of its precise geographic whereabouts could not be learned immediately. But the check was drawn on an Alabama bank that allegedly later stopped payment.

    Zeek receiver Kenneth D. Bell is seeking a court order for the bank — BBVA Compass Bank — to turn the $10,000 over to the receivership. BBVA Compass also allegedly unlawfully halted payment on 23 other cashier’s checks sent to Zeek. These totaled $73,800, meaning Bell is seeking $83,800 from the bank.

    Those checks were receivership assets, and the bank’s decision to stop-payment after the receiver presented them to be paid violated the asset freeze in the Zeek case, Bell alleged.

    From the receiver’s filings yesterday (italics added/light editing performed):

    At the commencement of the SEC Action on August 17, 2012, RVG possessed thousands of cashier’s checks and teller’s checks received from RVG Affiliates that had not been deposited or presented for payment. Upon entry of the Agreed Order, the Receiver collected cashier’s checks from RVG’s offices and deposited them in accounts opened for the Receivership Estate.

    Twenty-four (24) of the items collected from the RVG offices and deposited into the Receiver’s accounts were cashier’s checks payable to RVG issued by Compass. . . . On information and belief, between August 21 and August 29, 2012, Compass’s customers requested that Compass stop payment on the twenty-four Compass cashier’s checks previously delivered to RVG.”

    These halts by the bank were unlawful under the Uniform Commercial Code, Bell alleged.

    “Compass wrongfully accommodated its customers by stopping payment on all twenty-four cashier’s checks when it was not legally permitted to do so under the Uniform Commercial Code,” Bell contended.

    Although the filing is not on the subject of affinity fraud, documents within the filing suggest that the E.C. entity had company at Zeek among the faithful. Two checks among the 24 were drafted on behalf of an individual whose Zeek username included the word “blessing.” These checks totaled $2,300.

    Religious entities and people of faith getting recruited into HYIP schemes may not be the only problem. In the AdSurfDaily case, for instance, evidence surfaced that individuals had created purported nonprofits and religious entities into which to deposit their Ponzi winnings.

    Bell alleged in late 2012 that he “has obtained information indicating that large sums of Receivership Assets may have been transferred by net winners to other entities in order to hide or shelter those assets.”

    In 2014, Bell asked a court to take “judicial notice” of certain videos on YouTube.

    MLM may have a problem with “serial participants” in Zeek-like schemes to defraud, Bell suggested.

    NOTE: Our thanks to the ASD Updates Blog.

  • BULLETIN: Zeek-Like Situation Surfaces In TelexFree Case — Dishonored Cashier’s Checks; Trustee Seeks Authority To Subpoena Banks, Including Bank In Puerto Rico

    newtelexfreelogoBULLETIN: The court-appointed trustee in the TelexFree bankruptcy case is seeking authority to issue subpoenas and obtain information from eight financial institutions, including Puerto Rico-based Oriental Bank.

    The other seven are Digital Federal Credit Union, based in TelexFree’s headquarters city of Marlborough, Mass., Bank of America, JPMorgan Chase, Citizens Bank, Santander, TD Bank and Wells Fargo.

    All of the banks ended up in the TelexFree stream of commerce, but precise details of the relationships are not known publicly. What is known is that some TelexFree bank accounts were seized in criminal or civil forfeiture actions and that a cascading avalanche of litigation continues to roar down the mountain.

    Why MLM firms continually tempt this ruinous fate is one of the great business mysteries of current times.

    In the instances of Bank of America and TD Bank, it is known that TelexFree affiliates were given instructions to make walk-in deposits at the banks, some in the name of TelexFree Inc., others in the name of TelexFree LLC. Those instructions were highly similar to instructions given to members of the $119 million AdSurfDaily MLM Ponzi scheme in 2008.

    Court filings by Trustee Stephen B. Darr say he is trying to get to the heart of TelexFree-related money flow and communications involving the banks. Notably, one of the concerns is that all eight of the banks allegedly issued TelexFree-related cashier’s checks prior to the firm’s April 2014 bankruptcy filing, and later dishonored some of the checks.

    Cashier’s checks also were an issue in the ASD case. At the time of the ASD related actions in 2008, the enterprise was the largest known MLM HYIP Ponzi scheme. It since has been surpassed by Zeek Rewards, TelexFree and others.

    Dishonored cashier’s checks became one of the earliest issues in the $850 million Zeek Rewards MLM scheme in 2012. Citing the Uniform Commercial Code, Zeek’s receiver and lawyers have been been pursuing remedies from the banks for more than two years — at a cost of money and time.

    Kenneth D. Bell, the Zeek receiver, has said that “[i]f a bank refuses to pay a cashier’s check or teller’s check presented by the Receiver, it may be required to pay for the Receiver’s expenses and loss of interest resulting from the nonpayment, as well as consequential damages.”

    In the Zeek case, the Virginia Bankers Association provided guidance to member institutions that “the court’s order relied on the Uniform Commercial Code to establish that the uncashed cashier’s checks in the receiver’s possession were receivership assets, and that the receiver was required to present those cashier’s checks for payment and had no discretion not to.”

    Now, the TelexFree trustee appears to be wading into the same or highly similar MLM waters. Among the information Darr is seeking is “information respecting the remitters of the cashiers’ checks and the reasons for the dishonor of such checks.”

    Because MLM Ponzi- and pyramid schemes spread virally, have common promoters and often rely on cashier’s checks, it is conceivable that some promoters might have bought their way into both “programs” with cashier’s checks, possibly even with cashier’s checks recruits paid to their upline sponsors, rather than to the “programs” themselves.

    In the case of Zeek, tens of millions of dollars in checks allegedly had backed up at Zeek’s office in North Carolina in the weeks prior to the SEC’s August 2012 Ponzi- and pyramid action.

    The TelexFree case may add a new wrinkle. Indeed, nearly $38 million in cashier’s checks from Wells Fargo allegedly were found in TelexFree’s Marborough office in the possession of Joseph Craft two days after TelexFree’s April 13 bankruptcy filing. Craft, who has denied wrongdoing, was a TelexFree executive. He has been charged civilly with securities fraud.

    In April, the SEC said that a check dated April 3 in Craft’s possession was “remitted to” TelexFree principal Carlos Wanzeler and made out to “TelexFree Dominicana SRL in the amount of $10,398,000.”

    One check for more than $2 million in Craft’s possession was made out to Katia B. Wanzeler, Wanzeler’s wife. She later was arrested at JFK Airport in New York and detained for more than a week as a material witness.

    The SEC alleged that Carlos Wanzeler was amassing a small-real estate empire in Massachusetts and Florida. He is alleged to have ducked out of the United States via Canada in April, ultimately flying to his native country of Brazil. The United States describes him as an international fugitive.

    Darr now is seeking not only information about the cashier’s checks, but also information on communications between the banks and TelexFree or its principals James Merrill and Carlos Wanzeler, and information on any TelexFree-related investigations conducted by the banks, including “information related to ‘Know Your Customer’” rules and regulations.

    In addtion, Darr is seeking bank statements, canceled checks, deposit slips, wire-transfer communications and remittances, documentation concerning fees and contracts, minutes from bank board meetings at which TelexFree matters were discussed, documentation on why the banks ended relationships with TelexFree, documentation on communications the banks had with the SEC and state regulatory bodies, documentation the banks may have on the Massachusetts Securities Division TelexFree investigation and documentation “concerning whether the remitters have been refunded any amounts advanced to purchase” the dishonored checks.

  • UPDATE: Charles Daniel Koss, Purported Missouri ‘Sovereign Citizen,’ Convicted In ‘Redemption’ Swindle Against Social Security

    recommendedreading1Charles Daniel Koss, a 63-year-old purported “sovereign citizen” from Independence, Mo., faces up to 61 years in federal prison after being convicted in a “redemption” scam targeted at Social Security.

    Koss was convicted of two counts of theft of government money, one count of Social Security disability fraud, one count of mail fraud and one count of transmitting a false negotiable instrument with the intent to defraud the government, prosecutors said. The false negotiable instrument was a purported “Registered Private Money Order” mailed to the Social Security Administration purportedly to repay $212,768 Koss owed the agency after it was determined he’d defrauded Social Security and had received disability payments to which he was not entitled between September 1994 and January 2010.

    From the office of U.S. Attorney Tammy Dickinson of the Western District of Missouri (italics added):

    Koss told federal agents in interviews during the investigation that he has studied redemption theory. Redemption theory involves bogus claims that when the United States government abandoned the gold standard in 1933, it pledged its citizens as collateral so it could borrow money. The movement also asserts that common citizens can gain access to funds in secret accounts using obscure procedures and regulations. According to the theory, the government created a fictitious person (or “straw man”) corresponding to each newborn citizen and each citizen has an alleged secret trust account with the United States Treasury. The theory also claims that through obscure procedures under the Uniform Commercial Code, a citizen can “reclaim” the “straw man” and write negotiable instruments against its accounts. Its adherents sometimes call themselves “sovereign citizens.” The “sovereign citizen” movement is a loosely organized collection of groups and individuals who have adopted anarchist ideology. Its adherents believe that virtually all existing government in the United States is illegitimate and they seek to “restore” an idealized, minimalist government that never actually existed.

    And, Dickinson’s office added, “Redemption theory and sovereign citizen beliefs are totally without merit and they have no basis in law or fact. Individuals often use these ideas to further various fraudulent schemes.”

    Even as he was receiving disability payments, prosecutors said, Koss worked full time at a business known as Embassy Mortgage. He also led an active life-style, including “bowling, golfing, horseshoes, boating, activities at his lake house and frequent visits to Ameristar Casino, where he gambled a total of $260,000 during this time.”

    Koss “failed to report any change in his health condition or any income from Embassy Mortgage to the Social Security Administration,” prosecutors said.

  • 2 Days After Judge Cites Specific Web Domain And Declares Kenneth Wayne Leaming Filing ‘Undecipherable,’ PP Blog Receives Would-Be Comment With Link To Page That References Same Domain And Case Against Different Purported ‘Sovereign’

    ponziblotterOn Feb. 13, the PP Blog reported that a federal judge who was quoting from a pleading by AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming had referenced a domain styled peoplestrust1776.org.

    U.S. District Judge Ronald B. Leighton declared Leaming’s filing, which apparently cited the Uniform Commercial Code (UCC), “undecipherable.” The judge exempted prosecutors from responding to a series of recent bizarre pleadings from Leaming, who is jailed near Seattle on charges of filing false liens against public officials in the AdSurfDaily Ponzi case. Leaming, 57, also is accused of other crimes.

    Like other purported “sovereigns,” the judge observed, Leaming is “fascinated” by capital letters.

    Some “sovereign citizens” appear to believe that pleadings that include capital letters or make UCC claims provide defenses or remedies for everything from murder charges to charges of targeting public officials in harassment campaigns.

    Less than two days after the PP Blog published its most recent story about Leaming’s strange defense efforts in the Western District of Washington, the Blog received a would-be comment it is treating as spam because it purported to be in response to a reader who left a comment on the PP Blog nearly two years ago on a different subject. Received at 2:55 a.m. ET today, the unpublished, would-be comment included a link to a post on a Blog whose URL was formed in part with the words “the-full-details-of-kidnapping-of.”

    One had to visit the site to determine who allegedly was kidnapped.

    The PP Blog visited the link and found a post about Patrick Cody Morgan, a purported Texas “sovereign” who was convicted last year of conspiracy and nine counts of bank fraud in a real-estate swindle involving repeated bids to scam residential mortgage lenders and FDIC-insured banks between 2004 and 2007. The scam involved “trust accounts” and “straw buyers,” prosecutors said. The PP Blog wrote about the Morgan convictions on Nov. 2, 2012. No readers left comments in the thread below the story.

    In any event, the would-be commentator apparently wants to generate discussion about the Morgan case and to enlist support for Morgan. Notably, the spammed link received by the PP Blog includes references to the same peoplestrust1776.org domain Leaming cited in an apparent defense bid in his criminal case.

    Content on the site whose post link was spammed to the PP Blog overnight appears to be designed to paint government officials or agencies involved in the Morgan case as “the Accused.” Apparently among the purported “Accused” are U.S. Attorney General Eric Holder, FBI Director Robert Mueller, U.S. District Judge Lynn N. Hughes of the Southern District of Texas and others. The site also published florid legalese attributed to Morgan that, like Leaming’s prose, made liberal use of capital letters.

    Legalese attributed to Morgan asserts he is “Patrick-Cody: Family of Morgan”; Leaming’s legalese asserts he is “Kenneth Wayne, born free to the family Leaming.”

    Some “sovereigns” appear to believe that using exceptionally formal prose, capital letters and/or specific forms of punctuation in court filings somehow provide for a winning defense.

    Leighton characterized Leaming’s prose as “gobbledygook.”

    Morgan — in his apparent defense — appears to claim he was the victim of criminals working for the government. Leaming has made similar arguments in Washington state.

    Precisely what role, if any, peoplestrust1776.org is playing in the Morgan and Leaming cases is unclear.

     

  • Purported ‘Sovereign’ Arrested In Phoenix After Traffic Stop; Booking Info Gives Hint Of Strange Tale — And ‘New Times’ Fills In The Blanks

    Steve A. Baker. (Source: Maricopa County Sheriff’s Office.)

    Steve A. Baker’s booking sheet at the Maricopa County Sheriff’s Office after his arrest Sunday by Phoenix police during a traffic stop provided a hint that officers had a strange encounter with the 36-year-old man.

    Here is how the sheet reads (italics/bolding added):

    MARIJ-TRANSPORT AND/OR SELL
    BRIBERY-TO INFLUENCE ACTION
    MARIJUANA-POSSESS FOR SALE
    RESISTING ARREST
    MARIJUANA-POSSESS/USE
    DRUG PARAPHERNALIA-POSSESS/USE

    Marijuana charges are not all that unusual. Neither is a charge of resisting arrest. But a bribery charge?

    Phoenix New Times did some digging and discovered that Baker allegedly tried to barter with the officer.

    Citing court documents, here is how New Times put it on its Blog:

    “. . . if the cop just let him go, Baker said he wouldn’t have to place a lien against the officer’s own home.”

    Yes, purported “sovereigns” now allegedly are seeking to put a chill on cops by announcing up front that they can avoid an unpleasant fate — the filing of a lien against their personal property — if they simply hop back in their patrol cars, ignore their sworn duties and let crime go unchecked.

    Read the story on the Phoenix New Times Blog.

    For additional background on “sovereign citizens” and liens, see this PP Blog story from Feb. 20, 2012: “BIRTH OF A ‘SOVEREIGN’ VERB . . .”

    For additional background on another purported Arizona “sovereign — Michael Lee Crane — see this Feb. 15, 2012, PP Blog story. The Blog reported on that date that Crane advised a judge that he “reserved” his “right” to the “Uniform Commercial Code” after he was charged in the brutal murders of Lawrence Shapiro, 79, and Glenna Shapiro, 78, and waiting to be charged in the brutal murder of Bruce Gaudet.

    On Aug. 29, the office of Maricopa County Attorney Bill Montgomery announced it was seeking the death penalty against Crane, 32, for the Shapiro and Gaudet killings.

  • NEW ‘SOVEREIGN’ THEORY? UCC Rejection + 2nd Amendment = License To Kill: New York Man Threatened To Kill Bank’s Fraud Examiner, Attorney, FBI Says

    A purported “sovereign citizen” apparently unhappy that a bank wouldn’t fall for his “UCC” scamming bid to wipe out a $179,000 home-equity loan has been arrested by the FBI on charges he threatened to kill two bank employees: a loss-prevention specialist and an attorney.

    Michael Chung, 52, of the New York Borough of Queens, somehow came to believe that a “Form UCC-3” sent to a Sovereign Bank office “automatically extinguished” the bank’s interest in a $179,000 home-equity loan “without the need for Chung to repay the loan,” the FBI said in an affidavit.

    When the bank rejected Chung’s UCC argument, Chung sent a fax to the bank that claimed he had a right to kill the bank employees under the 2nd Amendment of the U.S. Constitution, according to FBI court filings.

    ” . . . the Second Amendment to the National Constitution authorizes the use of deadly force to protect my interests as a national citizen,” the Chung fax read in part, the FBI said. “I believe I have a basis to act in that manner.”

    The 2nd Amendment applies to the right to keep and bear arms. “UCC,” meanwhile, is an acronym that stands for “Uniform Commercial Code,” an effort that began in the 1940s to make the laws of commerce uniform in the 50 U.S. states. So-called “sovereign citizens” advance any number of fanciful theories on how the UCC can be used to eliminate debts.

    Chung is being held without bail in New York. He was arrested yesterday.

    Michael Lee Crane, a purported sovereign citizen accused of murder in Arizona, told the judge presiding over his February arraignment that “I would like to reserve my right to Uniform Commercial Code . . .”

  • AP: Fraudster’s Self-Styled Litigation Strategy Led To Lengthier Prison Terms For Followers; Neville Solomon Cited UCC, Religious Passages Instead Of Listening To Lawyer

    A 67-year-old fraudster who did not listen to his attorney and embarked on a bizarre legal strategy was sentenced to a longer prison term as a result, the AP is reporting.

    Meanwhile, the AP is reporting that Neville Solomon met several other defendants in jail and shared his strategy, resulting in longer sentences for inmates who followed his advice, which cited the Uniform Commercial Code (UCC) and religious passages.

    One of the prongs of Solomon’s strategy was to repeatedly say, “I accept your offer and return it for value,” according to the AP.

    Read the AP story, which quotes a federal judge as saying a “whole bunch of people wound up in prison for a lot longer time than they should have” as a result of relying on improper defenses. At the same time, the story quotes a federal prosecutor who lamented the “crazy defense ideas out there.”

    Some of the legal notions advanced by Solomon are similar to the notions advanced by AdSurfDaily President Andy Bowdoin.

    Bowdoin, acting has his own attorney, advised a federal judge in 2009 that the mere filing of a pro se court document accomplished his objective of reversing a decision he made to surrender tens of millions of dollars in a Ponzi scheme forfeiture case “as a matter of law.”

    U.S. District Judge Rosemary Collyer disagreed, ordering the forfeiture of more than $65.8 million from Bowdoin’s bank accounts.

    The Solomon strategy also was reminiscent of a legal approach advocated by ASD member Curtis Richmond, a member of a Utah “Indian” tribe a federal judge ruled a complete “sham” in 2008. The “tribe” relied on fraudulent UCC claims in a bid to extort members of law enforcement, according to court filings.

    Elsewhere, a federal judge in Washington state ordered bogus UCC liens filed against government officials to be struck last month.

    Bogus liens filed by Ronald James Davenport of Deer Park sought the spectacular sum of nearly $5.2 billion from each of the officials, including U.S. Attorney James McDevitt of the Eastern District of Washington, an assistant U.S. attorney, a court clerk and an IRS agent, according to court records.

    Prosecutors described Davenport as a “tax defier.” Davenport has described himself in court filings as a “sovereign.”

    Davenport now has been charged criminally with filing false liens. If convicted, he faces up to 40 years in prison.

    In February, a federal jury found Solomon guilty of money laundering. Prosecutors said he and an associate, Frederick W. Keiser Jr. of Minot, N.D., “promoted a scheme to fraudulently obtain money from potential investors by inducing them to wire money to a company called MidChina Capital Management” in Las Vegas.

    “The phony investment promoted by Solomon and Keiser involved a fictitious bank trading or bank guarantee program in which bank instruments were to be obtained,” prosecutors said. “Solomon and Keiser convinced their victims that the bank instruments would generate exorbitant yields which would be used to fund other income-generating projects for MidChina, which in turn would result in investors gaining enormous returns.”

    Solomon now has been sentenced to 86 months in federal prison and ordered to forfeit $2,043,235 — the proceeds of the fraud scheme.

    “The sentence received by Mr. Solomon shows that investors who get defrauded like this will sit quietly waiting for their great returns for only so long,” said Assistant U.S. Attorney Brett Shasky. “If the promised return isn’t forthcoming and the investment isn’t returned, they will be heard. Persons choosing to promote such schemes should beware. The day will come when the price they pay for their greed will be great.”

    The pro se notions advanced by Solomon also are reminiscent of approaches used by defendants in the infamous 3 Hebrew Boys Ponzi scheme in South Carolina. They’re also similar to notions advanced in the Gold Quest International (GQI) Ponzi and securities-fraud case in Nevada.